More Changes In Delaware: Judge Stark Revises Patent Case Procedures

Chief Judge Leonard P. Stark of the District of Delaware recently issued revised procedures for managing patent cases that are assigned to him. These revised procedures affect nearly every aspect of a case including scheduling, motions, discovery, claim construction, and trial. Indeed, many of these issues must now be addressed very early in the case. Practitioners who practice in the District of Delaware should familiarize themselves with these new procedures and plan their cases accordingly.

Judge Stark cites three general principles underlying his revised procedures:

1. Early investment of judicial resources to identify the best schedule for each case;
2. Initially treating each patent case as its own case, even if it is related to a case or cases that have already been filed; and